How Ethical Regulations and Legal Provisions Impact Communication

This essay delves into the ethical and legal frameworks that govern professional communicators, specifically examining how these regulations compel them to prioritize the public interest. It explores various ethical codes, including those for legal practitioners and journalists, and analyzes the impact ...Read More

Running head: REPORT 0
LAW, MEDIA AND COMMUNICATION
AUGUST 6, 2019
STUDENT DETAILS:

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All the professionals have some particular ethical codes because of longer traditions. In the same
way, the professional communicators have solid ethical codes to provide the help in their work.
The ethical codes also give directions to the professional communicators. The codes of ethics are
based on the moral principles like morality, conducting no harms, acting in a fair way, assisting
individuals, keeping the facts or reality, as well as honouring the obligations. The legal
practitioners have certain ethical duties to the occupation, clients, and the structures of justice as
well as societies. There are various ethical codes in the new business. In the following parts, the
legal provisions as well as ethical regulations required by the professional communicators to
consider public interest are discussed and critically examined.
The ever enhancing use of social media at great level has developed the new set of
communication as well as the ethical issues for the public communicators. In this relation, the
International Bar Association conducted survey on the members in year 2011. In the interview, it
is asked whether they considered that they required moral direction in a field of the social media.
Above eighty per cent members gave the positive answer of this question. More than ninety
percent members said that they are required to get the direction from either domestic law society
or from International Bar Association. In addition, the Law Institute of Victoria
provided guidelines on the ethical use of social media in year 2012. It is sated in the guideline
document that the social media represents the issues as well as opportunities for a legal
practitioner. The main objective of this guideline is to help the professionals in stating the issues.
Some of moral issues for the professionals in social media involve the risk of violation of duty of
privacy, unintentionally development the solicitor and client fee, violation of the duty to
management of justice, as well as violation of the no contact rules. The same guidelines related

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to the social media have provided by the Law Society of Scotland and Law Society of England
and Wales. It is required that the Victorian Government communication should comply with the
higher standards of justice and fairness. The professional communicators should take specific
care to make sure the high standard of politeness in the portrayal of sexuality and needs for
disable individuals. The professional communicators should access the individuals who may be
disadvantaged or barred by the mean of location, financial factor or location (Warde, et. al,
2018).
The professionals are accountable to the communities to perceive the higher standards of the
behaviours as well as conduct at the time of performing the obligations to the clients, court, as
well as the associated practitioners. The actions and behaviour of the professionals must state the
character that they seek to have like profession. The professional communicators, who are
engaged in the profession, should serve the interest of justice. As per the codes of ethics, they
should act with honesty as well as capably in the services provided to the clients. They are
required to give the priority to the interest of the clients rather than personal interest. The
professional communicators are required to act in a way to secure the data of clients. In addition,
they should also maintain the confidentiality. The professional communicators should perform
mutually for mutual benefits of the profession. It is also required by them to avoid the interest
conflict as well as conflict of the duties. The codes of ethics tell that the professionals must
consider their duties to the court to make sure the effective as well as appropriate administration
of justice. They are required to keep the higher standards of honesty, loyalty, as well as justice in
the transactions. They should fairly charge for their works (Start and km Spacing, 2017).
The ethical principle that concerns the quality of life of the individuals, affirms the duty of
professional communicators, both independently and jointly, for using the skills for advantages

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of the society, members of society as well as environmental surroundings. This duty of
professional communicators includes encouraging the basic human rights as well as securing the
right to autonomy of people. The main objective of professional communicators is to reduce the
bad impacts of communication, including threat to health, security, safety, as well as
confidentiality (Bawden, 2018). The professional communicators are required to consider
whether outcomes of efforts would respect multiplicity, would be utilized in communally
responsible manners, would fulfill the social requirements, and would be largely reachable. They
are motivated to keenly contribute to the societies by involving in the volunteer works that
benefit the public in effective manner. Over and above the secure social environment, the human
beings require the secure natural surroundings. In this way, the professional communicators
should encourage the environmental sustainability at international level as well as domestic level
(Morrissey and Nolan, 2015).
Further, the Society of Professional Journalists code of ethics (SPJ codes) is most extensively
utilised by the journalists. It is stated by the Society of Professional Journalists code of ethics
(SPJ codes) that the media should look for truth. In 24/7 media phase of twenty first century, the
substantial interest is frequently stated through the media in proceeding in court, or in legal cases
usually. In relation to the communication, what ethical limitations are applicable on the
professional communicators can do or cannot do in dealing with the media? In Victoria, there are
no prohibitions in against of the professional communicators speaking with, and being asked by
the media’s representatives. However, there are professional conduct rules for solicitors dealing
with some aspects of the issue. It should be clear as well as responsible. It is a duty of media to
give responses to the critics honestly as well as dutifully. It is required by the media to make
corrections while warranted. The media should also accept the mistakes. It is a duty of media to

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reduce the harms as well as have compassion for the people who can be influenced unfavourably
by news coverage. These items are called strict (require to do) items by the people (Lentfer and
Franks, 2015). There are also “conservative” (not required to do) items on lists of ethics. These
lists include not to lie, not to plagiarise, not to misrepresent the work, not to be afraid to be
disapproved. The lists also include the acceptance of the gifts and the tips. The media should use
the secret methods of collecting data except traditional open methods would not yield data
vibrant to public. There are various codes of the ethics in news business. Mostly the news
organizations have the personal codes. On the other hand, the international and academic
establishments have the codes of ethics. Additionally, the advertising as well as the public
relations professionals are morally restrict to discover the truth, validate claims, adopt the laws
and faithfully represent the client in the ethical codes including PRSA and AAF (Chamberlain
and Dent, 2018).
Furthermore, the ethics is not always withered and cut for the news media. Sometimes, what is
legal is not as always what is ethical. As same as, what is ethical is not as always what is legal.
There are certain examples of the ethical difficulties faced by the media. This is very significant
to know the professional ethical codes that may be helpful in dealing with these
problems. However, it is also very significant to know certain ethical principles that are base of
the professional codes. For an example, the name of witness to the crimes, or sufferers of the
crimes, would probably be searched in the public documents. This can be effortlessly lawful to
reveal them prior to hearings. However, it can be extremely unethical, since this discovers the
witness to extortion as well as sufferers to the additional suffering. Even while the public trials
are held, the journalists normally withhold the recognition and name of the witness, rape victims

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and young criminals even though they are subjects of the public records and impeccably lawful
to publish (Fisher, Melvin and Ratliff, 2015).
In the famous case of Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975), Martin Cohn was
a father of a girl of 17 years old. The girl was raped. Further, the girl was murdered in Georgia.
After getting the data from public records, the TV station transmits a name of that girl in relation
to this occurrence. It breached the privacy statute of Georgia that prevented the media’s members
from circulating or broadcasting the identification and name of the rape sufferers. In this case,
the issue was that did the laws of Georgia ensure the freedom of press as secured by fourteen and
first amendments? In this case, it was held by the court that the privacy statute of Georgia
breached the Constitution. Justice White identified the primacy of issues of privacy as well as
freedom of media. Justice White also found the two reasons that why media must not be
prohibited in this matter. According to first reason, the news media is the significant mean for the
residents that permit them to inspect the processes of the government. The commission as well as
settlement of the offence is a problem related to the interest of public. Secondly, in expansion of
the privacy rights, it was held by the court that the interests of privacy "fade" in the matters in
which controversial data already seems on public records. The same facts have been mentioned
in the case of Howard v. Des Moines Register & Tribune Co. 445 U.S. 904.
Additionally, in the popular case of Smith v Daily Mail 443 U.S. 97 (1979), West Virginia
statute considered this as the offence for the newspapers to publish, without the permission of
juvenile court, the names of young persons charged as the young criminal (Burgess, 2019). In
this case, the question is that whether the law breaches the First as well as Fourteenth
Amendments. In this case, it was held by the court that the law violates the First and Fourteenth
Amendments. It was stated by the Chief Justice Burger that the administrative efforts to prohibit

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the publication of correct data rarely may fulfil the constitutional norms. With the understanding
that the data is legally attained, as it was in this matter including the shooting at the junior high
learning centre, the state cannot prohibit the newspapers from publication of the name of young
criminal if the restrictions serve the considerable state interest. In this case, the interest was not
available (Stanciu and Gheorghe, 2017).
Moreover, this can be unlawful to publish some classified data regarding the mistake of
government agencies. There are some matters in which the journalists go in front as well as
publish. The reason is that the journalists follow the ethical obligation to serve as regulators on
the governments. This fact is discussed in the case of US v New York Times 403 U.S. 713 (1971)
over Pentagon Paper history of Vietnam in year 1971. In this case, it was held by the American
Supreme Court that government might not stop the New York Times or else Washington Posts
by circulating the contents of the classified learning relating to American decisions taking
procedures for the policies regarding Vietnam War. It was ruled by the court that an intention to
publish was not to make America in risk however to teach the persons of USA regarding the
Vietnam War. In New York, the central judge gave the warning order in against of the New
York Times (McKee and Porter, 2017). It was first time in the history that the publication was
stopped because of the concern related to protection of country. Additionally, the publication
may also raise the issues for the journalists involving the jail period. In contrast, the classified
data about weapon capability, multitude power, identification of intelligence agent, procedures
and means of intelligence meeting, as well as different items can be unlawful and immoral to
circulate. In this situation, the extra case is required. As per the Society of Professional
Journalists code of ethics (SPJ codes), a journalist has the specific duty to perform like a
watchdog for the functions of the government as well as public affairs. They are also required to

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make sure that that the business of public is performed openly, and the public record is
accessible for the investigation. The professional communicators are required to be careful with
the classified administrative information (Simmons and Erskine, 2016).
In addition, there are certain types of the advertising that can be completely lawful and until now
drive the social confines as well as image in the morally intolerable direction. The trend to
underline particularly thin as well as bad body shape for the females is often considered immoral.
The work of Jean Kilbourne with the “Killing America gently” documented series has assisted to
take the problem in the light. Also, it may be unlawful as well as opposite to Federal
Communications Commission regulations and Federal Trade Commission regulation to produce
data in the advertising. Until now social opponents such as Yes Men and Adbusters do this for
the moral reasons, like poke fun at tobacco ad or absence of commercial liability on the problems
related to environment. There are certain corporations that are involved immoral practices
related to business, and try to cover that up throughout the public relation as well as publicity.
For the example, tobacco as well as internal tanning sectors have made attempts to reduce the
concern in relation to health of public along with environmental facets of the businesses with
extremely unreliable publicity or marketing (Victoria David and Walsh, 2018).
As per the above analysis, it can be concluded that the professional communicators should
follow the code of ethics or ethical principles in the interest of public. They should accept
generally accepted practices to reduce the chances of harming public in direct way or indirect
way. The professional communicator has the additional obligations for reporting the signs of
system risk, which may result in the harms. It can say that the professional communicators are
required to be transparent. They should render full disclosures of all the relevant system abilities,
restrictions, as well as probable issues to the proper parties. They are required to be honest in

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relation to their qualification, and regarding the restrictions in the competence to finish the tasks.
Therefore, the professional communicators must promote the fair contribution of the persons,
involving individuals of underrepresented group. These professional communicators should
know that the inappropriate factors such as disabilities, civilization, background of family, sexual
recognition, nationality, religions and values or other factors may result in breach of code.

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References
Bawden, D. (2018) 'In this book-making age': Edward Kemp as writer and communicator of
horticultural knowledge. Garden History, 46(Suppl1)
Burgess, V. (2019) Being A Female Entrepreneur-Case Study. JWEE, (1-2), pp.80-86
Chamberlain, J.M. and Dent, M. eds. (2018) Professional health regulation in the public
interest: International perspectives. Australia: Policy Press
Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975)
Fisher, M.P.C., Melvin, M.L. and Ratliff, M.V. (2015) COMM 205: Introduction to
Communications Spring 2015. New York: Routledge
Howard v. Des Moines Register & Tribune Co. 445 U.S. 904
Lentfer, V. and Franks, B.A. (2015) The Redirect Behavior Model and the effects on pre-service
teachers’ self-efficacy. Journal of Education and Practice, 6(35), p.71
McKee, H.A. and Porter, J.E. (2017) Professional communication and network interaction: A
rhetorical and ethical approach. New York: Routledge
Morrissey, A.M. and Nolan, A. (2015) Just another meeting?: Investigating mentoring for early
childhood teachers in Victoria. Australasian Journal of Early Childhood, 40(2), pp.40-48
Simmons, P. and Erskine, V. (2016) Public mission as strategy for future Australian local
government communication. Australian Journalism Review, 38(2), p.85
Smith v Daily Mail 443 U.S. 97 (1979)

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Stanciu, V. and Gheorghe, M. (2017) An exploration of the accounting profession–The stream of
mobile devices. Accounting and Management Information Systems, 16(3), pp.369-385
Start, C. and km Spacing, L. (2017) Update on geophysical survey progress from Geoscience
Australia and the Geological Surveys of Western Australia, South Australia, Northern Territory,
Queensland, New South Wales, Victoria and Tasmania (information current on 12 July
2017). Contract, 19, p.540
US v New York Times 403 U.S. 713 (1971)
Victoria David, M.D. and Walsh, M. (2018) October. Do the Foundations of Discipline
Entrustable Professional Activities Examine the CanMEDS roles as intended?. In International
Conference on Residency Education, 23(9), 34-45
Warde, F., Papadakos, J., Papadakos, T., Rodin, D., Salhia, M. and Giuliani, M. (2018) Plain
language communication as a priority competency for medical professionals in a globalized
world. Canadian medical education journal, 9(2), p.e52